0 HPGCL DEENBANDHU CHHOTU RAM THERMAL POWER PLANT YAMUNA NAGAR A Unit of Haryana Power Generation Corporation Ltd. (Regd. Office: Urja Bhawan, Sector 6, Panchkula) Tele Fax No.: 01732-204055 Tender Documents For Painting, Distempering and Exterior emulsion paint in SE’s Residents, CISF complex, Dispensary, Bank, Post Office, Shopping Complex, Maintenance Office, Guest House and Staff Rest House in DCRTPP, Colony, Yamuna Nagar NIT No. 90 /XEN /CMD – I/MTC–359 Dated : 03.09.2015 Executive Engineer /CMD-I For Chief Engineer, DCRTPP, HPGCL, Yamuna Nagar M-08222024074
Transcript
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HPGCL
DEENBANDHU CHHOTU RAM THERMAL POWER PLANT YAMUNA
NAGAR
A Unit of Haryana Power Generation Corporation Ltd.
(Regd. Office: Urja Bhawan, Sector 6, Panchkula)
Tele Fax No.: 01732-204055
Tender Documents
For
Painting, Distempering and Exterior emulsion
paint in SE’s Residents, CISF complex,
Dispensary, Bank, Post Office, Shopping
Complex, Maintenance Office, Guest House
and Staff Rest House in DCRTPP, Colony,
Yamuna Nagar
NIT No. 90 /XEN /CMD – I/MTC–359
Dated : 03.09.2015
Executive Engineer /CMD-I
For Chief Engineer, DCRTPP,
HPGCL, Yamuna Nagar
M-08222024074
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INDEX
Clause No. Description Page No. Tender First Page 0
Index 1 Tender Information 2 Notice Inviting Tender (NIT) For Press Publication 3 INSTRUCTIONS TO THE BIDDERS (WORK ORDER) 4-5 GENERAL TERMS AND CONDIONS OF CONTRACT 6-10
Definitions 11
1 Scope of work 12 2 Compensation not payable for alteration 12 3 Possession prior to work 13 4 Extension of time 13 5 Completion of repairs and maintenance 13 6 Completion Certificate 13 7 T&P for construction 13 8 Ladders, scaffolding etc. 13 9 Sub-letting of work 14 10 Splitting of work 14 11 Public liability and property damage insurance 14 12 Electricity 15 13 Water Charges 15 14 Care of finished work 15 15 Standards 15 16 Drawings, specifications & designs 15 17 Alterations in specifications prescribed 16 18 Action where no specification prescribed 17 19 Inspection and Tests 17 20 Cleanliness & rubbish 17 21 Work to be executed in accordance with specifications, 18 22 Dismantled material 18 23 Schedule and Progress 18 24 Extra Work Shifts 18 25 Work to be open to inspection 18 26 Fair wages clause 19 27 Compensation of workers 20 28 Sales and other taxes 20 29 Determination and termination of contract 21 30 Change in constitution of contractor firm 22 31 Termination on death of contractor 22 32 Relative of contractors in corporation 22 33 Security rules 22 34 Watching and Lighting 23 35 Everything at contractor‟s risk 23 36 Site order book 23 37 Patent Right 23 38 Jurisdiction 23 39 Implementation of Labour Laws by the Contractor 23-25 40 Warranty 25 41 Insurance of workers 25 42 Price Bid (Part –II) 25
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Please visit our website hpgcl.gov.in and check the tenders section. You are requested to fill the following information and send along with the NIT details via email at [email protected].
Tender Information
Source (Name of power) DCRTPP, Yamuna Nagar
Classification Painting, Distempering and Exterior emulsion paint in CISF complex, Dispensary, Bank, Post Office, Shopping Complex, Maintenance Office, Guest House and Staff Rest House in DCRTPP, Colony, Yamuna Nagar
NIT Number NIT No. 90/XEN/ CMD-1/MTC- 359 Dated 03.09.2015
1. Supply of Material – As per site requirement 2. Works Contract – Six Months 3. Equip. Supply & Erection – No 4. Scrap – Nil 5. Computer & Software – Nil 6. Miscellaneous (other) – N.A.
Information Regarding Online Payment of Tender Document, eService & EMD Fee. The Bidders can download the tender documents from the Portal: https://haryanaeprocurement.gov.in. The Bidders shall have to pay for the Tender documents, EMD Fees & eService Fee online by using the service of secure electronic payment gateway. The secure electronic payments gateway is an online interface between contractors and online payment authorization networks. The Payment for Tender Document Fee and eService Fee can be made by eligible bidders/ contractors online directly through Debit Cards & Internet Banking Accounts and the Payment for EMD can be made online directly through RTGS / NEFT. NOTE: If the tenders are cancelled or recalled on any grounds, the tender document fees & e-service fee will not be refunded to the firm. The Tenderers can submit their tender documents (Online) as per the dates mentioned in the key dates:-
1. Pre Qualifying Requirements (PQRs) / Eligibility Conditions for the tenderers:
a) The tenderer/bidder shall be the contractor of the requisite / similar work item as on 31.03.2015 (dated of financial year last ended), having annual turnover of 84.70 Lacs and executed minimum single order of value 6.78 Lacs during last three years in any Public Sector Undertakings of Central Govt./State Govt./SEBs/Corporations/ / or any other reputed thermal/hydel plant of requisite installed capacity or more.
Note: - The firm should fill statement to bidders as per annexure-2 of General Terms & Conditions and
submit authentic supporting documents for proving its credential. Original documents may be asked for verification at the time of finalizing the tender. A certificate to the effect that the tenderer is not black listed from any Public Sector undertakings of Central Govt./State Govt./SEBs/Corporations/any other reputed thermal/hydel plant etc.
Decision of the HPGCL regarding fulfillment of pre qualification requirement shall be final and binding upon the bidders. b) The contractor is registered under Contract Labour (Regulation & Abolition) Act, 1970 and
possesses a valid labour licence for deploying the workers on the work or will obtain the same within 15 days of issuance of work order.
2. a) Application for bidding, conditions of the contract and other information can be taken from the office of Executive Engineer/CMD-I, DCRTPP, HPGCL, Yamuna Nagar ([email protected]) (Email id) on any working day prior to last date of receipt of tenders on payment of Rs. 1133 (non- refundable) (Cost of Document: Rs. 1000 & VAT ______) online by using the service of secure electronic payment gateway. In case of RTGS payment, bidder shall submit the proof of payment containing UTR number etc.
b) Cost of Tender and EMD in any other form shall not be accepted.
3. The Tender Document can also be downloaded from HPGCL website [email protected]. Hard copy of the tender document so downloaded duly filled up completely is only acceptable when accompanied with prescribed tender cost and earnest money deposit.
4. Before submitting tenders the instructions may be read carefully regarding submission of tender. If any bidder finds discrepancies or omissions in the tender documents or is in doubt as to the true meaning of any part, he shall clarify same from tender issuing office in writing before the due date of submission of the bid
5. The offer / Tender should be typed or written in ink. Offer/ Tender written in pencil shall be ignored. No alterations, omissions, erasers or whitening, additions or rewriting shall be permitted. Changes if any shall be effected only by cancelation of original writing by striking and rewriting it along side duly initialled by the person signing the bid. In case there is a discrepancy between the amounts in figures and in words, the amount in words will govern. The price must be quoted in Indian Rupees and any mistake in calculating the rupee price will not justify the claim for increase in prices.
6. The “Application for Bidding‟ along with the „Terms and conditions of the contract‟ and its Annexure should be submitted in duplicate duly filled up completely and signed on each page by the tenderer. Work offered should be strictly according to the specifications laid down in Annexure –I to the terms & conditions of the NIT. Unless a deviation from the specifications given in Annexure I is pointed out by the tenderer specifically, it will be presumed that Offer/Tender conforms to the specifications as laid down in Annexure-I.
7. The tenderers shall submit their tender in two parts- the first part containing documents for qualifying criteria, technical specification, schedule of deliveries, and all other terms and conditions except the rates (price bid), and the second part containing the rates (price bid) quoted for each
Deenbandhu Chhotu Ram Thermal Power Project, Yamuna Nagar
(A Unit of Haryana Power Generation Corporation Ltd.) (Tele-Fax. No. 01732-205887)
item as well as other related terms like freight, Works tax, VAT, price escalation, etc. Each part of the tender shall be submitted in separate sealed cover super scribed with the tender enquiry No. and the Part No. of the tender. Part I and Part II sealed covers shall be placed in another sealed envelope.
Earnest Money Deposit (EMD) and cost of tender shall be submitted in two separate envelopes, super scribed on them as EMD/Cost of Tender, as the case may be. The envelope containing envelopes of Part I and Part II, along with envelopes containing EMD and Cost of Tender, shall be submitted by the tenderer addressed to:- The Executive Engineer/CMD-I, DCRTPP, HPGCL, Yamuna Nagar
8. a) The tenders can be submitted by registered post / courier / speed post / delivered in person by putting in the tender box provided in the office of the SE/Civil, DCRTPP, YNR before the due date & time of opening of tenders as per NIT. In case the last date of submission / opening of Tender is declared as holiday, the tenders shall be submitted / opened on the next working day at the same time) Late tender i.e. tender received after the due date and time of submission of tender due to any reason shall not be considered.
b) Tenders through Fax / E-mail / telegraph shall not be considered.
9. All tenders received against open tender enquiry irrespective of whether they are from the approved contractors on the registered list or others, shall be considered, provided they are on the prescribed form and in accordance with the tender conditions and specifications.
10. Unless exempted specifically, tenders not accompanied with the prescribed EMD/Cost of Tender shall be rejected. EMD/Cost of Tender shall be in the prescribed mode of payment as asked in the NIT, otherwise, the tender shall be liable to be rejected.
11. The validity of the tender/offer shall be for 120 days from the date of opening of the price bid. a) The bidder/tenderer are not allowed to revise the price bid, during the validity of the price bid
already submitted. In case, the bidder submit a revised price bid suo-moto, original as well as revised offers shall be opened and lowest will be considered only.
b) The rate negotiations could be held up to L3 bidder, if the difference between the L1 quoted rates and those quoted by L2 and L3 is within 5% of the L1 quoted rates. In case where the L1 bidder refuses to further reduce his offered price and the L2 or L3 bidders come forward to offer a price which is better than the price offered by L1 bidder, the bidder whose price is accepted becomes L1 bidder. However, in such a situation, the original L1 bidder shall be given one more opportunity to match the discounted price. In case of acceptance, he would be treated as L1 bidder.
12. No deviation shall be allowed. However, in case of deviation of taxes etc., the same be loaded for comparison purpose.
13. Selection preference of the tendered work may be allowed as per policy of the State Government to the Industrial Units located in Haryana on the lowest valid rates if tenderer so claim with requisite documentary evidence.
14. The bidders / contractors shall observe the highest standards of ethics during the submission of tender, procurement and execution of the contract. In case of evidence of cartel formation by the bidder(s) EMD is liable to be forfeited.
15. The bidder shall bear all costs including bank charges, if any, associated with the preparation and submission of his bid, and the purchaser will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.
16. Purchaser/Contractor reserves the right to cancel the NIT or to change qualifying requirement or to reject any or all the tenders so received without assigning any reason
Signature of Authorized Signatory
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SCHEDULE ‘C-2’ (Referred to in regulation 7)
GENERAL TERMS AND CONDIONS OF CONTRACT (Work order)
1) CONTRACT AGREEMENT The contractor shall execute a contract agreement with HPGCL on a Non Judicial Stamp Paper of appropriate value within 07 days of receipt of work order.
2) RATE/CONTRACT PRICE Rate shall be quoted by the bidder, strictly as per rate quoting sheet and the agreed contract price shall remain firm during the currency of the contract. Any statutory taxes/levies, if to be charged extra, should be clearly indicated by tenderer in their offer separately, failing which it will be presumed that the quoted prices are inclusive of all such statutory taxes/levies.
3) EARNEST MONEY AND SECURITY DEPOSIT The Bidders shall have to pay for the Tender documents, EMD Fees & eService Fee online by using the service of secure electronic payment gateway. The secure electronic payments gateway is an online interface between contractors and online payment authorization networks. The Payment for Tender Document Fee and eService Fee can be made by eligible bidders/ contractors online directly through Debit Cards & Internet Banking Accounts and the Payment for EMD can be made online directly through RTGS / NEFT. The earnest money furnished by the successful tenderers on whom the work order is placed shall be converted into security deposits as a guarantee for faithful and satisfactory execution of the work order. (The EMD of the unqualified bidders will be returned without any interest, as promptly as possible, within 30 days after declaration of qualification result and that of unsuccessful bidder within 15 days of the execution of the contract with the selected bidder). The Security Deposit shall be 10% of the Contract value. The security deposit of the contractor shall be retained by HPGCL for faithful execution of the
contract.
Security deposit shall be released only after completion of the entire period of the contract and
after completion of 90 days of work, on the certificate of Engineer In-charge /EIC for successful
completion of work and submission of requisite documents like last EPF / ESI return by the
contractor.
No interest shall be paid on EMD / Security Deposit for the period it remains deposited with
HPGCL.
The earnest money /security deposit shall be forfeited in part or in full under the following circumstances:-
i) If the tenderer withdraws his tender at any stage during the currency of validity period.
ii) If the W.O. has been issued but the contractor refuses to comply with it irrespective of the
fact that HPGCL sustains any loss on account of such default or not.
iii) In the event of a breach of contract in any manner.
iv) In case of evidence of cartel formation by the bidder(s).
v) If the contractor fails or neglects to observe or perform any of his obligations under the
contract, it shall be lawful for the HPGCL to forfeit either in whole or in part, in its absolute
discretion, the EMD/security deposit furnished by the contractor.
vi) The forfeiture of EMD/security deposit shall be without prejudice to the right of HPGCL to
recover any further amount or any liquidated and/or other damages as admissible under the
law, under payments or over payments made to the contractor under this contract or any
other contract as well as to take such administrative action against the contractor as
blacklisting etc.
4) MODE OF PAYMENT Payment shall be released by the Sr. Accounts Officer/Accounts Officer, DCRTPP, HPGCL,
Yamuna Nagar through RTGS/NEFT, in the ESCROW account of the contractor which shall be
used by the contractor for payment of wages to the workers in their saving account and other
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statutory obligations like EPF/ESI/etc. For payment through RTGS/NEFT, the contractor will
open the requisite ESCROW account by a tripartite agreement with HPGCL and State Bank of
Patiala, within 7 days of issue of the work order and will intimate the complete bank details viz.
Name of Bank/Branch, Account Number, Type of Account, IFSC Code etc, to Sr. Accounts
Officer/Accounts Officer, No payment to the contractor shall be released other than in an
ESCROW account opened for the purpose.
Note: Regarding provision of ESCROW account requirement:
The provision of payment through ESCROW account should be incorporated in view of the instructions issued by the competent authority from time to time.
5) COMPLETION PERIOD The completion period of the work as specified below shall be the essence of the contract.
The work shall be started within 7 days of issue of LOI / Work Order, whichever is earlier, unless otherwise directed by the issuer of tender. The work shall be carried out/completed to match with other activities in progress of the unit.
The quantum of any item of the scope of work may increase or decrease to any extent, as per
the site requirement, subject to the limit that total contract value shall not exceed by 10% of the
contract value. Payment shall not be made for the work not done. In case of increase of quantum
of work, the completion period of the contract will not change and the contractor will have to
complete the job within stipulated period unless the completion period is extended in writing. The
completion period of contract shall be one year extendable by three months if required on the
same terms and conditions.
6) RISK AND COST In case the contractor fails to full fill the contractual obligation, the work shall be got done from some other agency at the risk and cost of the contractor. It shall be without prejudice to the right of HPGCL to recover any further amount or any liquidated and/or other damages.
7) PENALITY FOR DELAY Time is the essence of the contract. The contractor shall ensure timely completion of the job as
per stipulated completion period. In case of delay in completing the work/job, the penalty for delay
will be imposed @ 1% of the total contract value per week or part thereof subject to maximum of
10% of the contract value.
Notes:- i) The percentage of penalty and time may vary according to necessity of the contract (particularly in overhauling contract).
ii) Contract value means basic value of the contract exclusive of taxes and duties, if charged separately.
8) DOCUMENTATION The contractor and the executive in-charge of the work shall ensure the following document
before forwarding the bill of the contractor to the Accounts wing for pass and payment to avoid
delay in payment of the contractor:-
i) Contractor shall submit monthly bill in duplicate to the engineer-in-charge along with the
followings:
a) Monthly bill for the work and in other cases bill for the work done, in duplicate. The bill should be
on the contractor‟s bill book duly serially numbered and bearing date of issue, contractors EPF
code, ESI code, Service Tax number, PAN & TIN. A photo copy of the EPF code, ESI code,
Service Tax number, Labour licence, Copy of the pass book of ESCROW account, PAN & TIN
shall be attached with the 1st running bill for reference and record.
b) Self attested copy of the deposit challan of EPF & ESI contribution, labour welfare fund deposited
by the contractor for the labour engaged for the work duly validated with dossier of workers and
their account number in the appropriate prescribed performa.
c) Self attested copy of the attendance sheet, wages register and evidence of wage payment.
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ii) The bill of the contractor along with the annexure submitted by the contractor at (i) above, should
be approved and verified by the officer in-charge for gross value as well as net payable value and accompanied with the certificates/documents mentioned at (iii) and (iv) below.
iii) Certificate from the Engineer in-charge that, a) Work has actually been done as per the contract
and to the entire satisfaction of EIC. b) The copy of the EPF challan, ESI challan etc. submitted
by the contractor pertains to the labour deployed at site and none of the worker has been
excluded there from. c) The record entry of the work done has been taken in the small
measurement book (SMB) at page no. _____ on dated ________. d) No penalty is leviable on the
contractor on any account as per the contract if leviable the amount of penalty is __________. e)
Copy of protocol and certificate for stage payment, if required.
Note:- Documents attached along with the contractor bill should be referred in the forwarding letter of the executive office forwarded the bill for pass and payment.
9) PERFORMANCE BANK GUARANTEE
Unless agreed otherwise, Contractor shall submit bank guarantee of the nationalized bank equivalent to 10% of the contract value in the prescribed performa valid up to one month after completion of warrantee period.
10) FORCE MAJEURE The delay in the completion of the work may be treated as force majeure to the contractor only if:-
a. The delay is resulted from any causes arising out of compliance with regulations, orders or instructions of the Central or State Governments, acts of God, acts of Civil & Military authority, fires, floods, strikes, lock-outs, freight embargoes, war-risk riots and civil commotion. and
b. the contractor‟s request for extension of the delivery period and completion of construction or repair work along with all necessary evidence comes, before the expiry of the schedule date(s) of delivery.
11) IDLE LABOUR CHARGES a) No idle labour charges will be admissible in the event of any stoppage caused in the work
resulting in contractor‟s labour being rendered idle due to any cause.
12) WATCH & WARD The watch and ward of T&P and other material will be the responsibility of the contractor.
13) FACILITIES TO BE ARRANGED BY CONTRACTOR The contractor shall make his own arrangement for providing all facilities like lodging, boarding, furniture and transportation etc. for his supervisors/staff engaged by him for the job.
14) STATUTORY DEDUCTIONS Statutory deduction on account of Income Tax, Works Tax & Sales Tax etc. including surcharge shall be made at source from the bills of the contractor at the prevailing rates.
15) FACTORY ACT/MINIMUM WAGES ACT/INSURANCE ACT/EPF ACT ETC. Strict adherence of various applicable labour laws like the Factories Act, Minimum Wages Act,
ESI Act, Payment of Wages Act, the Workman‟s Compensation Act, EPF Act, Contractor labour
(Regulation & Abolition) Act, 1970 and all other statutory requirements as amended from time to
time to the entire satisfaction of Central/State Govt. Authorities, shall be the responsibility of the
Contractor and he shall have to make good loss, if any, suffered by HPGCL on account of default
in this regard by the contractor. EPF/ESI contributions will be deposited by the contractor in his
own EPF/ESI code no. in the respective account of the workers. The contractor will submit the
copy of EPF/ESI challan to the Factory Manager, at the time of 90% payment along with
corresponding list of workers
The contractor shall make the payment of wages to its labour in their saving account linked with
the ESCROW account only. Documentary evidence thereof shall be submitted along with the
running bills.
16) SAFETY RULES A Firm shall have to comply with all the provisions of safety rules. The Chief Safety Officer may
impose penalty of Rs.200/- per day per head if the workers of contractor are found to be working carelessly without proper protective equipments in unsafe conditions. Against violation of any
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other clause, a penalty of Rs 500 /- per violation (minimum) shall be levied. In case of repeated violation of serious nature resulting in various serious accident or direct loss to the corporation /threatens to cause severe consequences, higher penalty rates may be imposed including suspension/ termination of the contract. If any action is initiated by Chief inspector of factories, Chandigarh or any other authority against occupier/factory manager or any other authority of HPGCL in case of any fatal/non fatal accident or any other violation of factory act, 1948, Pb. Hr. factory rules, 1952 or any other industrial or labour act, the contractor shall be liable for the same and also to deposit the amount of fine/penalty if any. In case of default action as deem fit shall be initiated against the contractor.
A safety clearance certificate on quarterly basis from the chief safety officer shall be obtained by the contractor and has to be attached along with the bill.
This office reserves the right to claim adequate compensation from the contractor on account of any damage caused to the plant & equipment handed over to him for execution of the work, due to careless handling or negligence on the part of the contractor.
17) ARBITRATION All matters, questions, disputes, differences and / or claims arising out of and / or concerning, and /or in connection with, and /or in consequence of, and /or relating to the contract whether or not obligations of either of both the Supplier and the Corporation under that contract be subsisting at the time of such dispute and whether or not the contract has been terminated or purported to be terminated or completed, shall be referred to the sole arbitration of MD, HPGCL or an officer appointed by the MD, HPGCL as his nominee. The award of the Arbitrator shall be final and binding on both the parties to the contract.
18) LAWS GOVERNING CONTRACTS All contracts shall be governed by the laws of India for the time being in force. Irrespective of the place of delivery, place of performance or place of payment under a contract, the contract shall be deemed to have been made at the place from which the acceptance of tender has been issued. Jurisdiction of Courts- The courts of the place from where the acceptance of tender has been issued shall alone have exclusive jurisdiction to decide any dispute arising out of or in respect of the contract.
19) SET OFF Any sum of money due and payable to the supplier/Contractor under the contract (including security-deposit returnable to the supplier/Contractor) may be appropriated by the HPGCL and set-off against any claim of the Corporation for the payment of a sum of money arising out of under that or any other contract entered into by the supplier/Contractor with the HPGCL.
20) SUBLETTING and ASSIGNMENT The Supplier shall not, sublet, transfer or assign the contract or any part there of or interest therein or advantage thereof in any part thereof in any manner whatsoever without prior consent of the purchaser.
Note:- 1. Unless agreed otherwise the above terms and conditions of the contract will form the part of the purchase order after finalizing the procurement proposal. The word tenderer where ever used above shall be read as supplier. Above T&C are equally applicable in case of limited / proprietary enquiry as well. The non applicability / modification in the aforesaid clauses if agreed shall be mentioned / attached in / with the purchase order specifically.
2. Purchasing authority shall put dated initials on each pages of the purchase order including the above terms and conditions printed on both side of the paper.
3. Any other term not defined in instructions to the bidder or above terms and conditions should be interpreted as defined in HPGCL Purchase Regulation “2011”.
4. The term “Bid” and “tender” and their derivatives (“Bidder / Tenderer” “Bidding / Tendering”) are synonymous. Singular also means plural.
Authorized Signatory
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GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONTRACORS
1. All work proposed for execution by contract will be notified in a form of invitation to Tender
published in leading newspapers duly signed by the Chief Engineer/ Superintending Engineer / Executive Engineer.
2. This form will state the work to be carried out as well as the date for submitting & opening of
tenders, the time allowed for the carrying out the work and also the amount of earnest money to be deposited with the tender. Earnest money as specified in the tender documents shall be in the form of cash deposit / demand draft crossed for account payee only from the scheduled bank. Any tender unaccompanied by prescribed earnest money shall be summarily rejected. Copies of the specifications designs & drawings and any other documents required in connection with the above tender shall be open for inspection by the perspective tenders at the office of Chief Engineer/ DCRTPP during the office hours. Each tender shall contain the name, residence and place of business of the person/persons submitting the tender and shall be signed by the tender with his signature: Partnership tenders shall furnish the full name and address of all partners along with an attested copy of the partnership deed of the firm duly signed by the each partner and in event of the absence of any partner /partners, it must be signed on his /their behalf by a person /persons holding Power of Attorney authorizing him /them to do so. Tenders by a corporation shall be signed with the Legal name of the corporation followed by the name of the person, authorized to sign it in the matter and attested copy of such authorization should also be sent along with the tender.
3. Receipts for payment made on account of a works when executed by a firm must also be signed by the several partners except where the tenders are described in their tenders as a firm, in which case the receipt must be signed in the name of the firm by one of the partners, or by other person holding power of attorney authorizing him to do so by the other partners.
4. Any person who submits a tender shall fill in ink the usual printed form, stating at what rate he is
willing to under take each item of the work. Tender which pose any alteration in the work specified in the said form /invitation to tender or in the time allowed for carrying out the work or which contain any other conditions of any sort will be liable to rejection. No single tender shall include more than one work. Contractors who wish to tender for two or more works shall submit a separate tender for each. The Tender shall have the name and number of work to which they refer written outside the envelope.
a) The rates (s) and /or amount (s) must be quoted in decimal-coin-age.
5. The Chief Engineer /DCRTPP or his duly authorized officer will open tenders in the presence of
any Intending contractors who may be present at the time and will enter the amounts of the over all tenders in the register of tenders prescribed for this purpose.
6. The officer inviting tenders shall have the right of not opening the tenders, rejecting all or any of
the tenders, without assigning any reason and will not be bound to accept the lowest tender. 7. The tenders so opened shall remain valid for acceptance for a period of 120 days from the date
of opening of the tender. 8. In the event of a tender being accepted due intimation there of will be communicated to the
contactor in the form of a letter of acceptance. The earnest money of the unaccepted tenders thereupon be refunded and no claim whatever shall be made in the Haryana Power Generation Corporation.
DEFINITIONS Clause-1 1) The contract means the document forming the tender and acceptance thereof and the formal
agreement executed between the Haryana Power Generation Corp. and the contractor, together with the documents referred to therein including these conditions. The specifications, designs & drawings and instructions issue from time to time by the Engineer- in- charge and all those
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documents taken together shall be deemed to form the contract and shall be complimentary to one another.
2) In the contract, the following expressions shall unless the contract other requires, have the
meaning hereby respectively assigned to them. a) The expression work or works shall unless to something either in the subject or context
repugnant to such constructions be constructed as taken to mean the work by or virtue of the contract contracted to be executed whether temporary or permanent and whether original alerted or substituted or additional.
b) The site shall mean the land other places on, into or through which the work is to be carried
under the contract or any adjacent land, path, or street which may be allotted or used for the purpose of carrying out the contract.
c) Corpn. shall mean the Haryana Power Generation Corporation and shall include its
successors in office and assignees.
d) Engineer- in- charge means the Chief Engineer/ DCRTPP or his authorized representative who shall supervise and be in- charge of the work.
e) The contractor/ supplier shall mean the person/ party with whom the contract is made and
include his executer, administrator or successor and permitted assignees as the case may be.
f) Tenderer: the party or parties submitting as offer for the work covered by the tender documents.
g) Sub-contractor: the term sub-contractor used herein refers to a party or parties having direct
contact with the contractor whom any part of the contract has been sublet by the contractor with the consent in writing of the Engineer- in- charge.
h) Manufacturer: the term manufacture used herein refers to party proposing to and/or
manufacture the equipment & material as specified complete or in part.
i) Tender drawings: the term tender drawings refer to the drawings made part of the tender documents.
j) Detailed drawings: if necessary additional/ detailed drawings which may be furnished to the
contractor for execution of the work and they will be form part of the contract.
k) Letter of acceptance shall mean the letter from the Chief Engineer/ DCRTPP, HPGCL, Yamuna Nagar conveying the acceptance of the tender subject to such reservations as may have been stated herein. The contract agreement will be signed by the Chief Engineer/DCRTPP on behalf of Haryana Power Generation Corporation Limited.
l) Plant equipments, stores, works or works- shall mean and include plant equipment and
materials required for erection which shall be provided and work to be done by the contractor under the contract. When the words “Approved subject to approval”, satisfactory, proper as directed, accepted, permitted etc are used as the approval, determination, acceptance, permission, judgment, directions etc is understood to be a function of the Engineer- in- charge.
SCOPE OF WORK ETC. Clause-2 scope of work
Painting, Distempering and Exterior emulsion paint in SE‟s Residents, CISF complex, Dispensary, Bank, Post Office, Shopping Complex, Maintenance Office, Guest House and Staff Rest House in DCRTPP, Colony, Yamuna Nagar as per Price Bid (Part-II) Clause -3 Compensation not payable for alteration in or restriction of work to be carried
out: If at any time after commencement of work the corporation shall for any reason whatsoever not
require the whole works thereof as specified in the tender to be carried out, the Engineer- in- charge shall give notice in writing of the fact to the contractor who shall have no claim to any payment of compensation whatsoever on account of any profit or advantage which he might have derived from
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the execution of work in full but which he did not drive in consequence of the full amount of the work not having been carried out, neither shall have specifications, drawings, designs, and instructions which shall involve any curtailment of the work as originally contemplated. Provided that the contractor shall be paid the charges on the cartage only of materials actually bonafide brought to the site of the work by the contractor and rendered surplus as a result of the abandonment or curtailment of the work of any portion thereof and then taken back by the contractor. Provided however, that the Engineer- in- charge shall have in all such cases the option of taking over all or any such materials at their purchase price or at local current rates whichever may be less. In the case of such stores having been issued from departmental stores supervision charges and storage charges shall be refunded in addition to the issue rate of materials.
Clause-4 Possession prior to completion The Engineer- in- charge shall have the right to take possession of part of the work completed
or partially completed work. Such possession or use shall not be deemed to be formal acceptance of any work not completed in accordance with the contract if such prior possession or use by the Engineer- in- charge delays the progress of the work an equitable adjustment in the time of completion will be made and the contract agreement shall be deemed to be modified accordingly.
Clause -5 Extension of time If the contractor shall desire an extension of time for completion of work on the grounds of his
having been unavoidably hindered in its execution or any other ground, he shall bring this to the notice of the Engineer- in- charge in writing within 30 days of such hindrance on account of which he desired such extension as aforesaid and the Engineer- in- charge/ competent authority shall if in his opinion (which shall be final) reasonable grounds be shown, authorize such extension of time, if any, as may in his opinion be necessary or proper.
Clause-6 Completion of repairs and maintenance
When the repairs and maintenance work is carried out during construction the splashes and droppings from white washing, colour washing, painting, etc on doors, floors, walls, windows fittings etc. shall be removed and the surface cleaned simultaneously with the completion of these items of work in the individual rooms, quarters, premises or portions etc. where the work is done without waiting for the actual completion of all the other items of the work in the contract. In case the contractor fails to comply with the requirements of this clause, the Engineer- in- charge shall have the right to get this work done at the cost of the contractor either departmentally or through another party. Before taking such action the Engineer- in- charge shall give notice in writing to the contractor.
Clause-7 Completion certificate
Within 10 days of the completion of the work the contractor shall give notice of such completion to the Engineer- in- charge and within 30 days of the receipt of such notice the Engineer- in- charge shall inspect the works and if there are no defects in the works shall furnish the contractor with certificate of completion. Otherwise a provisional certificate of completion including (a) defects to be rectified by the contractor and/ or (b) defects for which payment will be made at reduced rates shall be issued but no certificate of completion provisional or otherwise shall be issued nor shall the work be considered to be completed until the contractor shall have removed from the premises on which the work shall be executed all scaffolding, surplus materials, rubbish and all huts and sanitary arrangements required for his/her work people on the site in connection with the execution of the work as shall have to be executed or constructed by the contractor (s) and clear all dirt from all wood work, doors, windows, walls or other parts of any building in upon or about which the work is to be executed, of which he may have had possession for the purpose of the execution thereof and not until the work shall have been measured by the Engineer- in- charge. If the contractor shall fail to comply with the requirements of this clause as to removal of scaffoldings, surplus materials and rubbish etc. and dispose of the same as he thinks fit and clean off the dirt as aforesaid and the contractor shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale thereof.
Clause-8 T & P for construction
The contractor shall furnish along with the tender a list of items of special T&P and the machinery which he will be deploying on the particular job. He will also make necessary arrangements for supplementing them or drawing any other items of machinery required to do so by the Engineer- in- charge at time of awarding of the contract or later as the work progresses.
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The contractor shall furnish along with the tender a list of items of special T&P that may be supplied to the contractor on hire at the discretion of the Engineer- in- charge at a rate and conditions to be fixed by the Engineer- in- charge. The non provision of such equipments / machinery by the Engineer- in- charge or withdrawal of such equipments/ machinery originally provided by the Engineer-in-Charge shall not be taken by the contractor as a plea for delay in the work/works or for payment of any compensation whatsoever. The contractors are expected to make their own arrangements for all tools and plants required for successful execution of work.
If the tools and plants deployed by the contractor are found to be inadequate or defective in the
opinion of the Engineer- in- charge, he shall have the right to supplement the T&P of the contractor by issue of the departmental T&P at the rates and terms and conditions as fixed by the corporation from time to time. Under such circumstances, the contractor shall have no risk to ask for extension of time on grounds of non availability of T&P or for any recovery affected from the contractor‟s monthly running bills and final bills if necessary.
Clause-9 Contractor to supply all plant, ladders, scaffoldings etc.
The contractor shall supply and provide at his own cost all materials (except such special materials if any as may in accordance with the contract be supplied from the stores of Haryana Power Generation Corp. Ltd). Plants, tools, appliances and implements, ladders, cordage, tackle, scaffoldings and temporary work requisites necessary for the proper execution of the work. Whether original altered or substituted and whether include in the specification or other documents forming part of the contract or referred to in these conditions or not or/of satisfying or complying with the requirements which may be necessary for the purpose of the Engineer- in- charge as to any matter as to which under these conditions he is entitled to be satisfied or which he is entitled to require together with carriage thereof to and from the work. The contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of settling out works, counting and weighing and assisting in measurements or examination at any time and from time to time of the work or materials. Failing his so doing the same may be provided by the Engineer- in- charge at the expenses of the contractor (his decision being final in this respect) and the expenses may be deducted from any money due to contractor under contract of any other agreement for work, supply etc.
Clause- 10 Work not be sublet, contract may be rescinded and security deposited forfeited
and subletting basis or if the contractor becomes insolvent
The contractor shall not assign or sublet any work or part thereof without the written approval of the Engineer in Charge. And if the contractor shall assign or sublet his contract or attempt to do so or becomes insolvent or commence any insolvency proceedings or make any composition with his creditors or attempt to do so, or any bribe, gratuity, gift, load, perquisite, reward or advantage, pecuniary or otherwise, shall directly or indirectly be given, in the employment of the corporation in any way relating to his office or employment or if any such officer or person all become in any way directly or indirectly interested of the corporation and in the event of any of these courses being adopted the consequences specified in the said clause 73 shall ensue.
Clause-11 Splitting of work
Engineer- in- charge reserves the right to separate or otherwise some items of work under the contract and if certain items of work are not operated at all, contractor shall have no claim whatsoever for anticipated profits or loss or for damage. The whole work may be split up between two or more contractors or accepted in part or in total as considered expedient.
Clause-13 Public liability & property damage insurance The contractor shall take out, pay all costs and maintain throughout the period of this contract public liability and property damage liability insurance with the following coverages:
i) Public liability limits for bodily injured or death not less than Rs.1,00,000/- for one person and Rs.2,00,000/- for each accident.
ii) Property liability limit for each accident not less than Rs.1, 00,000/-
The Engineer- in- charge shall have the right at any time to require public liability insurance and property damage liability insurance greater than those specified in sub-sections (i) and (ii) above. In
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any such event the additional premiums payable solely as the result of such increase in insurance shall be added to the contract sum.
In addition, the contractor is fully responsible for all equipments and material for damage or loss from any cause whatsoever until his complete work is formally accepted. This clause governs not withstanding the part payment which may be advance to the contractor from time to time. As such it is recommended (but not mandatory) that the contractor obtains insurance for his work upto the time the work is formally accepted by the Engineer- in- charge. In case the contractor does not obtain the insurance, he is allowed to dispense with taking the policy to protect against risks in respect of fire, theft, burglar, earthquake, tempest, flood, civil war in respect of the works to be constructed under the agreement and the contractor shall indemnify HPGCL against any loss that might arise in respect of the works under the agreement on account of any risk mentioned above and give an indemnify bond which shall be valid and binding upon him till the works are completed and handed over under satisfactory conditions to HPGCL by him.
The contractor shall submit all policies for insurance to the Engineer- in- charge for approval prior for executing such insurance and starting his work on the site.
Clause -14 Electricity Electricity if required shall be arranged by the contractor at his own cost.
Clause-15 Water
Water if required shall be arranged by the contractor at his own cost. Clause -16 Care of finished work protection from weather
The contractor shall effectively protect the work from action of weather and from injury or defacement and shall cover finished parts where required for their through protection. Face work shall be left perfectly clean and free from defects.
The contractor shall be responsible for protection work which has been completed by other contractor. Heavy planking shall be used when moving any equipment over finished work. Metal roller shall not be permitted.
The contractor shall continuously maintain adequate protection of all his work from damage and shall protect adjacent properly from injury or loss in connection with the contract operations. The contractor shall provide all passage ways, guard fences, lights and other facilities for protection required by public authorities or local conditions.
TECHNICAL SPECIFICATIONS
Clause-17 Standards
The work shall be carried out as per detailed PWD specifications and where the specifications are inadequate in the opinion of the Engineer- in- charge the work shall be carried out as per C.P.W.D specifications (with latest additions). For items of work which are not available in the C.P.W.D specifications, they shall be carried out in accordance with the latest bureau of Indian Standards Codes except where otherwise specified in the description of items given in the schedule quantities. All works must be in accordance with or equal or superior to the above referred specifications. The decisions of the Engineer- in- charge in this respect shall be final.
Clause-18 Drawings, specifications, correspondence etc.
The contractor shall be deemed to have examined the general conditions of contract, specifications and drawings etc and also have satisfied himself as to the nature and character of work to be executed and where necessary of the site conditions and other relevant matters and details. Any information thus had or otherwise obtained from the Engineer- in- charge shall not in any way relieve the contract from his responsibility for supplying all materials and executing work in terms of contract including all details and incidental work and supply of all accessories or apparatus which may not have been specifically mentioned in the contract but necessary for ensuring complete erection and safe and efficient working. If he shall have any doubt as to the meaning of a portion of the contract, he shall before signing it set forth the particulars thereof and submit them to the Engineer- in- charge in writing in order that such doubt may be removed.
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a) After assigning the contract the contractor will be given free of charge three copies of all
contract drawings and revisions thereto and two complete sets of specifications. The contractor shall pay for any additional copies he requires.
b) Such further drawings or explanations as the Engineer- in- charge may furnish to the contractor
to illustrate the work to be done will form a part of the contract documents and the contractor shall confirms thereto.
c) All drawings and specifications being instruments of service are the property of the Engineer- in-
charge and shall be returned to him when work is complete.
d) Figured dimensions shall be followed in preference to scale and detailed drawings in preference to general layout drawings. The contractor shall verify all dimensions in the field before any work is completed.
e) All instructions and order given by the Engineer- in- charge are to be maintained in the site
instructions book and will be taken to have been conveyed to the contractor for his compliance. Interpretations
a) Decisions by the Engineer- in- charge shall be final and conclusive. Any dispute regarding the true intent and meaning of drawing and specifications shall be referred to the Engineer- in- charge whose decisions as to its true meaning shall be final.
b) The contractor shall study and compare the drawings, specifications and other instructions given to him by the Engineer- in- charge and shall report in writing to the Engineer- in- charge any discrepancies, inconsistencies or omissions of statements regarding materials and methods of constructions which he noted.
c) Verbal instructions or information purported to have come from the Engineer- in- charge‟s office will not be recognized by him unless confirmed in writing. This also applies to information given while estimating and after the contract is awarded.
d) The drawings and specifications are intended to coordinate between themselves so that any item set forth in either shall be recognized as if fully set forth in both.
Correspondence All correspondence regarding design, engineering, equipment layout etc shall be sent in quadruplicate to the Engineer- in- charge for proper distribution purposes. Addendum
Details regarding distribution of letters, drawings and fabrication, reports and operating instructions may be modified at a later date.
Clause-19 Alterations to specifications and designs The Engineer- in- charge shall have the power to make minor alterations and omissions and additions to or substitutions that may appear to him to be necessary during process of the work and the contractor shall carry out the work in accordance with any instructions which may be given to him in writing signed by the Engineer- in- charge and such alterations omissions additions or substitutions shall not invalidate the contractor and any altered added or substituted work which the contractor may be directed to do in the same manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respects on which the contractor had agreed to do the main work. The time for the completion of the work shall be extended in proportion of the altered added or substituted work to the original work and the certificate of the Engineer- in- charge shall be conclusive as to such proportion. The rates for such additional altered or substituted work under this clause shall be worked out in accordance with the following provisions in their respective order:- i) If the rates for additional, altered or substituted work are specified in the contract for the main
work, the contractor is bound to carry out the additional, altered or substituted work at the same rates as are specified in the contract for the main wok.
ii) If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work, the rates will be derived by the Engineer-in-Charge from the rates for a similar class of work as are specified in the contract for the main work. This shall be binding on the contractor.
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In the event there is no similar class of work specified in the contract or as stated in clause (ii) above, the contractor shall work out a rate for each item on the basis of the prevalent market rates and submit the same together with detailed analysis of the same to the Engineer-in-Charge within a period of 7 days.
The Engineer-in-Charge shall within a fortnight thereafter conduct necessary negotiations with the contractor to arrive at a mutually agreeable rate, in the event he does not agree to the rate as furnished by the contractor. The Engineer-in-Charge, however, reserves to himself the right to cancel his order to carry out such work and arrange to carry out in such manner as he may consider advisable.
Clause-20 Action where no specifications. In case of any class of work for which there is no specification as is mentioned in Clause 17, such work shall be carried out in accordance with the directions to be furnished by the Engineer-in-Charge. No extra claims on account of the absence of such specification from the original tender documents shall be entertained.
Clause-21 Inspection and Tests a) Inspection
Work under these tender documents shall be subject to the approval of the Engineer-in-Charge who shall determine the amount, quality, acceptability and fitness of the several kinds of works and materials which may arise as to the measurement of quantities and the fulfillment of the technical requirement of the tender documents.
The Engineer-in-Charge, his assistants and agents of the consultants shall at all times have access to all places where work is being done or where material are being prepared for use under this contract and they shall have full and safe facilities for the unrestricted inspection or such materials and work. The contractor shall furnish any aid or assistance required for proper inspection & examination of work.
b) Tests Physical and chemical tests at the cost of the contractor may be required by the Engineer- in- charge of the materials specified herein or proposed to be used in the work. The requirements to be met and the manner of testing shall herein after mentioned or as may be prescribed or approved by the Engineer- in- charge.
The Engineer- in- charge reserves the right to wave any of the above test requirements and to prescribe new test requirements if found necessary to expedite the work and confirm to the best and latest practice as may be shown by the standards prescribed by trade organizations, manufacturers or engineering societies. The expenses of such test will be born by the contractor unless specified otherwise.
The cost of concrete cubes/ cylinders, mortar briquettes and all materials, moulds and tools required for taking test samples as and when required by the Engineer- in- charge will be born by the contractor. The contractor shall furnish to the Engineer- in- charge for approval, as required by the specifications, adequate samples of the above materials and furnishes to be used in the work. Such samples shall be submitted before the work is commenced and in ample time to permit tests and examination thereof. All materials finally supplied shall be fully equal to the approved samples. Samples of hardware, equipment and similar materials will be returned to the contractor for incorporation into the work. The contractor shall also furnish samples for tests other than those indicated in the specifications, if in the opinion of the Engineer- in- charge such tests are necessary for confirming to the required standards.
Clause-22 Cleanliness and rubbish The contractor shall from time to time remove all rubbish resulting from the execution of his work. Adjacent streets, drive ways and other areas shall be kept unobstructed at all times, the resulting rubbish shall be dumped in the areas indicated by the Engineer- in- charge or removed by the contractor as per instructions that may be issued by the Engineer- in- charge. In case contractor does not keep the area clean and if found necessary to get the area cleaned the Engineer- in- charge will issue a notice of 48 hours and get the area cleaned by some other agency. The cost of such cleaning shall however be born by the contractor. In case of rubbish accumulating due to deposition by more than one contractor the share of charges to be born by the contractor as indicated by the Engineer- in- charge shall be final.
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DIRECTIONS FOR EXECUTION OF WORK Clause-23 Work to be executed in accordance with specifications, drawings, orders etc.
The contractor shall execute the whole and every part of the work in the most substantial way and in a manner showing high standard of workmanship both as regards materials used and labour employed. The contractor shall also confirm exactly, full and faithfully t the designs, drawings and instructions in writing in respect of the work furnished by the Engineer- in- charge.
Clause-24 Power to reject sub-standard work The Engineer- in- charge shall have full powers to reject and require the removal from the premises of all materials which in his opinion are not in accordance with the specifications and in case of default the Engineer- in- charge is at liberty to employ other persons to remove the same without being answerable or accountable for any loss or damage that may happen or arise to such material. In case of default, the Engineer shall also have full powers to acquire and supply proper materials to be substituted thereof and costs which may attend such removal and substitution are to be borne by the contractor.
Clause-25 Dismantled material The contractor shall treat all materials obtained during dismantling of a structure, excavation of the site for a work etc as a corporation‟s property and such materials shall be disposed off to the best advantage of the corporation according to the instructions in writing issued by the Engineer- in- charge.
Clause-26 Schedule and Progress The contractor shall furnish the Engineer- in- charge within two weeks after the award of the contractor a schedule showing when he will commence and complete the different portions of the work according to various sections of the specifications.
MONTLY PROGRESS REPORT UPON AWARD OF CONTRACT (a) The contractor will indicate the construction progress which has been made during the
previous month duly verified by the Engineer‟s field representative.
(b) The contractor shall also submit along with the above anticipated progress schedule for the next month.
Clause-27 Extra work shifts Night work shall be permitted upon the written approval of the Engineer- in- charge provided that sufficient notice is given by the contractor where the exigencies of the work so warrants. The Engineer- in- charge may also direct the contractor to work extra shifts on holidays and in overtime to ensure completion of contract on schedule.
Clause-28 Work to be open to inspection All work under or in course of execution or executed in presence of the contract shall at all time be open to the inspection and supervision of the Engineer- in- charge and his authorized representative and the contractor shall at all time during usual working hours and at all other time with reasonable notice of the intention of the w in Charge or his representative to visit the works shall have been given to the contractor, either himself be present to receive orders and instructions or have responsible agent duly accredited in writing to be present for that purpose.
Clause-29 Work to be executed under the direction of Engineer- in- charge All the work shall be executed under the direction and subject to approval in all respects of the Engineer- in- charge who shall be entitled to direct at what points and in what manner they should commence and from time to time be carried on.
Clause-29A Notice to be given before the work is covered up
The contractor shall give not less than seven days notice in writing to the Engineer-in-Charge before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct dimension thereof be taken before the same is covered up or placed beyond the reach of measurement. The Engineer-in-Charge shall within the aforesaid period of seven days get work inspected and measured. If any work shall be covered or placed beyond the reach of measurement without such notice having been given or Engineer-in-Charge‟s consent being obtained, the same shall be uncovered at the contractor‟s expense or in default thereof no payment or allowance shall be made for such work or material with which the same was executed
Clause-30 Mutual Co-Operation of Contractors The contractor shall arrange his schedule of work and method of operation to minimize inconvenience to other contractors in the project. In all matters of conflicts or interest the Engineer-in-Charge shall direct which compromise should be made.
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Clause-31 Appointment of Technical Staff by Contractors
The contractor shall employ technical staff during the executions of the work having sufficient experience. The contractor is also required to supply all supervisory personnel necessary to complete his work in strict accordance with the applicable drawings and specifications and within the scheduled completion date for his work.
Clause-32 Contractor to preserve peace.
The contractor shall at all times during the progress of work take all requisite precautions and use his best endeavour to prevent any riotous or unlawful behavior by or amongst the works and other employed on the works and for the preservation of peace and protection of inhabitants and the security of properly in the neighborhood of works. He shall also pay the charges of special police if any that may be deployed for maintenance of peace and law and order at the discretion of the Engineer-in-Charge. LABOUR
Clause-33 Fair Wages clause Payment of wages to labour. The contractor shall pay not less than fair wages to labours engaged by him on the work. Explanation a) Fair wages means whether for time of piece work notified at the time of inviting tenders for the
work and where such wages have not been so notified, the wages prescribed by the competent authority under the minimum wages act for the district in which the work is done. It will be notified in consultation with the officers of the Industrial Relation Machinery located in the respective area and will not be less than the minimum rates of wages fixed by the local Central Government for the class of employees engaged on the type of work in the same area.
b) The contractor shall notwithstanding the provisions of any contract to the contrary cause to be paid fair wages to labours indirectly engaged on the work including any labour engaged by the sub contractor in connection with the said work as if the labours had been immediately employed by him.
c) In respect of all directly or indirectly employed in the works for performance of the contractor‟s part of this agreement, the contractor shall employ with or cause to be complied with the contractor‟s labour regulation made by local/ central Government from time to time in regard to payment of wages, wage period deductions from wages, recovery of wages not paid and deductions unauthorizedly made maintenance of wages books, wages slips, publication of scale of wages and other terms of employment inspection and submission of periodical return and all other matters of alike nature.
d) The Engineer-in-Charge or the officer concerned shall have the right to deduct from the money due to the contractor any sum required or estimated to be required for making good the loss suffered by a workers or workers by reasons of non-fulfillment of conditions of contract for the benefit of the workers, non-payment of wages or of deductions made by him from their wages which are not justified by the terms of the contract or on observance of the regulations.
e) Under the provisions of the minimum wages (central) rules, 1980 the contractor is bound to allow or cause to be allowed to the labourers directly or indirectly employed in the work one day rest for six days continuous work and pay wages at the same rate as for duty in the event of default, the Engineer-in-Charge of sub divisional officer shall have the right to deduct the sum not paid on account of wages for weekly holiday to any labourer, and pay the same of the persons entitled thereto from the Executive Engineer concerned.
f) Vis-à-vis the Haryana Power Generation Corporation Ltd. and the contractor shall be primarily liable to all payment to be made under and or the observances of the regulations aforesaid without prejudice to his right to claim indemnity from his sub contractors.
g) The regulations aforesaid shall be deemed to be part of this contract and any breach thereof shall deemed to be breach of this contract.
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Clause-34 Compensation of workers
In very case in which by virtue of the provisions of section 12 sub-section (i) of the workmen‟s compensation act, 1923, the corporation is obliged to pay compensation to a workman employed by the contractor in the execution of the works the Corporation will recover from the contractor the amount of the compensation so paid with prejudice to the rights of the Corporation under section-12, sub section (2) of the said act, the Corporation shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due by the Corporation shall not be bound to contest any claim made against it under section 12 sub section (i) of the said act, except on the written request of he contractor and upon his giving to the Corporation fully security for all costs for which the Corporation might become liable in consequence of contesting such claims.
Clause-35 Recovery of Corporation’s dues.
i) Whenever any claim against the contractor for payment of a sum or money arises out of or under the contract. HPGCL shall be entitled to recover such sum by appropriating, in part or whole, the security deposit of the contractor, in the event of the security deposit being insufficient, the balance or the total sum recoverable as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to the contractor under this or any other contract with the Corporation. Should this sum be not sufficient to cover the full amount recoverable, the contractor shall pay to the Corporation on demand the balance remaining due. Similarly any sums due to the Corporation from the contractor on account of any other contract shall be recoverable from any sums due to the contractor under this contract.
ii) The Corporation shall have the right to cause an audit technical examination of the works and the final bills of the contractor including all supporting vouchers, abstract, etc. to be made after payment of the final bill and if as a result of such audit and technical examination any sum is found to have been over paid in respect of any work done by the contractor under the contract or any work claimed by him to have been done by him under the contract and found not to have been executed, the contractor shall liable to refund the amount or over payment and it shall be lawful for the Corporation to recover the same from him in the manner prescribed in sub clause (i) of this clause or in any other manner legally permissible and if it is found that the contractor was paid less than what was due to him under the contract in respect of any work executed by him under it, the amount of such under the contract in shall be duly paid the Corporation to the contractor.
Clause-36 Appropriation of dues.
Any sum of money due and payable to the contractor including security deposit refundable to him under this contact and set off against any claim of the Corporation may be appropriated by it for the payment of such money arising out of or under any contact made by the contractor with the Corporation.
Clause-37 Sales and other taxes
a) Sales tax/octroi or any other tax in respect of this contract shall be payable by the contractor and the Corporation shall not entertain any claim whatsoever in any respect.
b) If pursuant to or under any law, rules, notification or orders, any royally, cess fee or the like is paid by the Corporation to the State Government/ Local authorities in respect to this contract, it shall be lawful for the Corporation and it will have the right and be entitled to recover the amount paid in the circumstances as aforesaid from the dues of the contractor.
GENERAL
Clause-38 Determination and termination of contract
The Engineer-in-Charge may without prejudice of his right against the contractor in respect of any delay or inferior workmanship or otherwise or to any claims for damages in respect of breaches of the contract and without prejudice to any rights or remedies under any of the provision of this contract or otherwise and weather the date for completion has or has not elapsed by notice in writing, absolutely determine the contract in any of the following cases:
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i) If the contractor having been given by the Engineer-in-charge a notice in writing to rectify,
reconstruct or replace any defective work or that the work is being performed in any inefficient or otherwise improper or unworkman like manner shall obey to comply with the requirements of such notice for a period of seven days or suspend the execution of the work so that either in judgment of the Engineer-in-Charge (which shall be final and binding) he will be unable to secure completion or he has already failed to complete the work by that date.
ii) If the contractor being a company shall pass a resolution or the court shall make an order that the
company shall be wound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitle the court or creditor to appoint to receiver or manager or which entitled the court to make a winding up order.
iii) If the contractor commits breach of any of the terms & conditions of this contract.
iv) If the contractor has made himself liable for action under any of the case aforesaid, the Engineer-
in-Charge on behalf of the Corporation shall have powers:
a) To determine or rescind the contract as aforesaid (of which termination or rescission notice in writing to the contractor under the hand of the Engineer-in-Charge shall be conclusive evidence). Upon such determination or rescission the security deposit of the contractor available within the corporation at such time shall be liable to be forfeited and shall be absolutely at the disposal of the Corporation.
b) To employ labour paid by the DCRTPP thermal project Authorities and to supply material to carry
out the works for any part of the work debiting the contractor of the materials of the amount of which cost and price certified by the Engineer-in-Charge shall be final and conclusive against the contractor and crediting him with the value of the work done in all respects as if it had been carried out by the contractor under the terms of his contract. The certificate of the Engineer-in-Charge as the value of the work done shall be final and conclusive against the contractor provided always that action under the sub-clause shall only be taken after giving notice in writing to the contractor. Provided also that if the expense incurred by the Corporation are less than the amount payable to the contractor at his agreement rates, the difference shall not be paid to the contractor, in such an event, the security deposit of the contractor available with the Corporation at that the time shall be absolutely at the disposal of the Corporation.
c) After giving 15 days notice to the contractor to measure up the work of the contractor and to take
such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete in which case any expense which may be incurred in excess of such which would have been paid to the original contractor if the whole work had been executed by him (of the amount of which excess certificate in writing of the Engineer-in-Charge shall be final and conclusive) shall be born and paid by the original contractor and may be deducted from any money due to him by the Corporation under this contract or any other account whatsoever or from his security deposit on the proceeds of the contractor available with the Corporation at that time, shall be liable to be forfeited and shall be absolutely at the disposal of the Corporation.
d) In the event of any one or more of the above cases, being adopted by the Engineer-in-Charge the
contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any engagements or made any advances on account of and with a view to the execution of work of the performance of the contract. And in case action is taken under any of the provisions aforesaid, the contractor shall not be entitled to recover or be paid any sum for any work thereto fro actually performed under this contract unless and until the Engineer-in-Charge has certified in writing the performance of such work and the value payable in respect thereof and he shall only entitled to be paid the value so certified.
Clause-39 Change in constitution Where the contractor is a partnership firm, the previous approval is writing of the Engineer-in-Charge shall be obtained before any change is made in the constitution of the firm. Where the contractor is an individual or Hindu undivided family business concern such approval as aforesaid shall likewise be obtained before the contractor enters into any partnership agreement where under the partnership firm would have the right to carry out the work hereby undertaken by the contractor. If precious
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approval as aforesaid is not obtained, the contract shall be deemed to have been assigned in contravention of clause 10 hereof and the same action may be taken and the same consequence shall ensure as provided in the said clause 10.
Clause-40 Termination on the death of contractor
Without prejudice to any of the rights or remedies under this contract, if the contractor dies, the Engineer-in-Charge on behalf of the Corporation shall have the option of terminating the contract without compensation to the contractor.
Clause-41 Relatives of contractor in department
No one shall be permitted to tender for the works where any of his near relatives is posted to deal with the day to day duties including passing of bills etc. and who is working in any capacity requiring to give instructions/advice and in particular any officer/ official of the Corporation including the members of the Corporation. Any breach of this condition by any one shall render him liable to be removed from the list of the contractors for the Haryana Power Generation Corporation Ltd., and the work entrusted to him may be terminated thereof without any compensation whatsoever.
Note: By the term near relatives is meant wife/husband, parents and grand parents, children and grand children/brothers and sisters, uncles and cousins and their corresponding-in-laws.
Clause-42 Retired Government servants taking to contract
No engineer of gazetted rank or other gazetted officer employed in engineering or administrative duties in the Engineering Department of the corporation is allowed to work as contractor for a period of two years of his retirement from Corporation‟s service without the previous permission of the corporation. The contract is liable to be cancelled if either the contactor or any of his employees is found at any time to be a person who had not obtained the permission of the Corporation as aforesaid before submission of the tender or engagement in the contractor‟s service as the case may be.
Clause-43 Contractor’s office, stores, workshop etc.
Subject to availability, the Engineer-in-Charge shall at his discretion and for the duration of the execution of the contract make available at site, free of charge land for construction of contractor‟s field office, workshop, stores, assembling yard etc. required for execution of the contract. Leveling and dressing of site, and construction of temporary roads, offices, workshop etc. as per plan approved by the Engineer-in-Charge shall be done by the contractor at his own cost. The area of land required for constructing field office, stores etc. as per this clause shall be indicated separately in the prescribed form of DCRTPP Thermal Power Project Authorities. The payment of final bill shall not be made until and unless the contractor has handed over the vacant possession of land allotted to him for the above purpose.
Clause-44 Security Rules
The project area will be a protected are. The contractor, their employees and labourers will have to follow the security rules as may be imposed from time to time by the Engineer-in-Charge. If contractors, their employees or labourers are found to be reluctant to follow the rules, Engineer-in-Charge will have the right to prohibit such employees from entering into the project area.
Clause-45 Watching & lighting
The contractor shall provide and maintain at his own cost all lights and watchman where necessary or required by the by the Engineer-in-Charge for the protection of the work or for the safety or convenience of the public or others.
Clause-46 Everything at Contractor’s risk
The contractor shall undertake all risk and liabilities of whatsoever kind arising out of the works including by way of application but not by way of limitation, all risks attended on the nature of the site, the soil, sub soil, the levels and consistency of straia in or on which the works are to be found or constructed. Also all risks of fire, floods, gales or winds, variation of water levels in sub soil, quantities of water to be pumped, discharge of existing water course and rains, traffic delays and other causes, whether in or beyond contractor‟s control, which may affect the works during the construction and all
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damages which may happen in any way however to the works during their progress shall be made good by the contractor at his own expense.
Clause-47 Site Order Book
The contractor shall maintain the site order book for recording day to day instructions given at site by the Engineer-in-Charge besides keeping a record of weather conditions, staff employed, progress of work etc.
Clause-48 Patent Rights
The contractor shall fully indemnify the Corporation against any action, claim or proceeding relating to infringement of use of any patent or design or any alleged patent of design rights and shall pay any articles or part thereof included in the contract.
In the event of any claim made under or action brought against Haryana Power Generation Corporation Ltd. In respect of any such matter as aforesaid the contractor shall be immediately notified thereof and the contractor shall be a liberty at his own expense to settle any dispute or to conduct any litigation that may arise there from. Provided that the contactor shall not be liable to indemnify the Corporation of the infringement of the patent or design of any alleged patent or design right is the direct result of an order passed by the Engineer-in-Charge in this behalf.
Clause-49 Jurisdiction
Irrespective of the place of delivery, the place of performance or place of payment under contract shall be deemed to have been made at the place from which the acceptance of the tender has been issued. As such the courts of the Jagadhri from where acceptance of this has been issued shall have jurisdiction to decide any dispute arising out of or in respect of contract.
IMPLEMENTATION OF LABOUR LAWS BY THE CONTRACTOR
Clause-50 Registration of Establishment (DCRTPP) & obtaining the Labour License Renewal
The Registration of DCR Thermal Power Plant with the list of working Contractors is required under Section-7 of Contract Labour Act, 1970. the name of working Contractor must be on the list of Contractors otherwise he (Contractor) will not get Labour License/ Renewal from the Labour Department, Haryana Govt. So as and when the work is awarded to the contractor other then included in the list of contactors attached with the Registration of DCR Thermal Power Station, the contractor will be ensure that his name on the prescribed Performa is intimated to the Centralized Agency by the officer in- charge of the work for getting his name including in the said list. Further after the needful, the contractor will be under obligation to obtain labour license/ its renewal under section 12 of ibid Act from the Labour Department. Haryana Govt. by completing the requisite formalities.
Clause-51 Payment of wages to the workers deployed on the work Under Section 63 to 73 of
Contract Labour Act-1970
The contractor will be bound to pay wages to the workers deployed by him on the work as per minimum wages fixed by the Labour Department, Haryana Govt., Chandigarh and follow revision from time to time. He will display on the notice Board of his site office, the date of making monthly wages payment which should be on or before 7
th of every month. The payment shall be made in
currency & coins in the presence of authorized representative of the Principal Employer/official from the Labour Department, Haryana Govt. In case of default, the contractor will be liable for prosecution under the ibid Act.
Clause-52 Maintaining the Registers and records Under Section – 74 to 78 (a to d) of Contact Labour Act – 1970.
The contractor shall maintain necessary records under the provisions of ibid Act viz. Register of workman employed (Section – 75), Issuing of Employment Cards (Section 76), Service Certificate (Section 77), Register of deduction, Register of advance, Register of fines, Issuing of Wages Slips, etc., the same shall be made available with the site incharge of the work or authorized representative of the contractor for checking/ inspection as and when required by the officer in-
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charge of production of the above Registers/ forms, under Section 23-24 of the ibid Act will be treated as offence and contractor will be liable for prosecutions by the Labour Department, Govt. of Haryana.
Clause-53 Age limit of the workers. No labour below the prescribed limit of age i.e. 18 years and above 60 years shall be employed by the contractor on his allotted works.
Clause-54 Compliance of various Labour Acts. The contractor shall abide by all the labour laws required to be followed and he shall furnish an undertaking on NJSP of appropriate value duly attested by the Notary Public to the effect that he will comply with al the Acts, laws and Regulations as may be applicable with regard to performance of work including Factory Act – 1948, Industrial Dispute Act – 1947, Employees State Insurance Act – 1948, Employee Provident Fund Act – 1952, Payment of Wages Act – 1936, Minimum wages Act – 1948, Contract Labour Act (R & A, 1970) Workmen compensation Act – 1923 and other rules and regulation as framed by the Central/ State Govt. in this regard from time to time.
B) The contractor shall also specify in the above undertaking that all the labour/ employees of the
contractors for all intents and purposes and shall have no claim/ right on the HPGCL. All the risks, responsibilities and liabilities towards his labour shall be owned by him. The contractor will take such steps as may be directly responsible for any dispute arising between him and his labour/ workmen and keep the HPGCL and its officers indemnified from and against all losses, damages and any claim/ liability arising there from. Under no circumstances whatsoever, HPGCL would be held responsible in respect of contractor‟s workers. In case any expenditure is incurred by HPGCL as a result of certain due on the part of the contractor‟s labour or otherwise, the HPGCL is entitled to recover such dues/compensation from the contractor‟s pending payments bills or through court of law.
C) Besides the above, the contractor shall obtain an affidavit on the NJSP value duly signed and witnessed by him under his seal and duly attested by the Notary Public from his each and every individual worker/ employee that they will not claim any employment in HPGCL, in lieu of services renders by them to the contactor namely M/s_________________________________________ against Work Order No. ________________________ dated ______________ and all the disputes. Whatsoever and of any nature, will be settled by their contactor who has engaged them. These affidavits along with his own undertaking as per para –A&B above, shall be submitted by the contractor to the Officer-in-Charge (for ARC/AMC).
Clause-55 Deposit of EPF contribution of the workers along with Employer Share.
It is statutory obligation for the contractor to deduct EPF contribution for the employee drawing wages up to Rs.10000/- per month. The rate of deduction i.e. 12% on the minimum wages fixed of the labour by the Govt. or actual wages drawing (i.e. basic pay + DA + cash value of food concession + leave encashment) and deposit the same with his share @ 12% (8.33% in pension fund & 3.67% in employees contribution) and deposited the same with the EPF Department with 1.61% administrative charges in their allotted EPF code upto 15
th of due month failing which interest and
damages will be charged. Copy of the deposit challan for 25.61% as mentioned above shall be submitted alongwith running bills in the office officer in charge of the work by the contractor. The monthly return on R-1 form by mentioning the social security No. of each worker which may be obtained from EPF Department shall also be submitted in the office of Regional Commissioner and copy of the same shall be submitted to the officer in-charge of the work/ Account Branch. The contractor possessing the EPF code of out of State of Haryana where R-1 form is not applicable/ introduced, they will supply the Form 3A, 6A, 12A, 5, 10 as applicable in that State by the EPF Department. It is responsibility of the contractor to make the inspection of record of deposit of EPF contribution of their labour from the EPF Department and copy of the same will be submitted to the officer in-charge of work/ Accounts Branch. The contractors having out of state EPF code will also get their record inspected from Local EPF office
Clause-56 Deposit of ESI Contribution of the workers along with Employer Share.
It is statutory requirement for the contractor under ESI Act, 1948 that the workers drawing gross wages up to Rs.15000/- 1.75% contribution is deducted from the wages of such worker and deposit along with Employer share of 4.75% i.e. total 6.5% with the authorized bank/ branches of ESI Department by the contractor to cover their workers under ESI scheme upto 21
st of due month,
otherwise, interest and damage will be charged on deposit of delayed payment. The contractor will get their ESI code.
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It is also responsibility of contractor to get the facilities as provided under ESI scheme, extended to their workers viz, insurance of ESI Cards, filing the Returns on prescribed Form – 6 on due dates i.e. 12 May, 11 November, every year in local ESI office, otherwise he will be prosecuted by the ESI Department as provided in the ibid Act. In case of non insurance of ESI Cards, workers will not get medical facilities/pension benefits to widow which are provided by ESI Deptt. & contractors will be responsible for consequences.
Clause-57 Deposit of Labour Welfare Fund along with Employer share.
In pursuance of Haryana Govt. Labour Department Gazette Notification dated 4th April, 2007, the
contractors are required to deduct Labour Welfare Fund @ Rs.10 from each worker and deposit the same with Employer‟s share @ Rs.20/- per worker (total Rs.20/- each worker) with the Welfare Commissioner, Haryana, Chandigarh in shape of Demand Draft in their favour along with list of workers for whom the same is being deposited. The copy of proof in this respect shall be submitted along with bills to officer-in-Charge/ Account Branch.
Clause-58 I. The contractor shall provide warranty for the workmanship of the work done for a period 12
month from the date of completion of work / 18 month from the date of commissioning of equipment(s) after overhauling whichever is earlier.
II. During this period if some equipment(s), which has been attended by the contractor, is found to be defective, the same will have to be attended again without any additional charges to HPGCL. In such cases, warranty period shall start from the date of such repair/rectification. In case the contractor fails to respond within a reasonable time, the job will be got done from any other agency at the risk and cost of the contractor
Clause-59
INSURANCE OF WORKERS
The contractor will be solely responsible for any liability for his workers in respect of any accident, injury arising out and in course of contractor‟s employment. To meet his aforesaid obligation under the workmen Compensation Act, The contractor may obtain W.C. Policy from the Insurance Company for the persons employed by him for carrying out the work. The premium payable for the aforesaid Insurance Policy shall be borne by the contractor. The contractor shall ensure that the said Insurance Policy of this insurance cover is required to be submitted by the contractor to Engineer-in-charge of work immediately after issue of LOI, but before the start of work.
Clause-60
The material will be purchased in coordination with the Engineer-in-charge at site. The material to be used will be stored in the store provided by HPGCL and will be issued as per the use of material at site.
Samples from the “material during use at site” will be got tested by the Er. in Charge at the Cost of Contractor to ascertain the quality of the material.
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Price Bid (Part – II)
Painting, Distempering and Exterior emulsion paint in CISF complex, Dispensary, Bank, Post Office, Shopping Complex, Maintenance Office, Guest House and Staff Rest House in DCRTPP, Colony,
Yamuna Nagar.
Sr. No.
Description of item Unit Qty. Rate to be quoted by the
contractor
1 Providing and applying white cement based putty of average thickness 1mm, of approved brand and manufacture, over the plastered wall surface to prepare the surface even and smooth complete.
Sqm 1283.00
2 Distempering with 1st quality acrylic distemper, having VOC (Volatile organic compound) content less than 50 grams/ litre, of approved brand and manufacture, including appliying required, to achieve even shade and color- two coats.
Sqm 25654
3 White washing with lime to give an even shade on old work two or more costs.
Sqm 1210
4 Painting with synthetic enamel paint of approved brand and manufacture of required color to given an even shade on old work one or more coats.
Sqm 12818
5 Finishing walls with Acrylic smooth exterior paint of required shade on old work two or more coats
Sqm. 12300
Note :- 1. All signed tender documents of terms & conditions must be attached with the tender
submitted by the contractor.
2. Putty:- Putty to be use at site must be of Birla White or J.K Putty.
3. Exterior Emulsion :- Asian Paint (Apex)
4. Distemper : - Tractor Brand of Asian Paint.
5. Any other material required should be of brand Asian Paint.
